Smith v. Hartrampf

Hall, Judge.

Code § 39-904 provides: “Upon the trial of all claims . . . ' [to property levied on under an execution] the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is, at the time of such levy, not in possession of the defendant in execution.” The execution, with the entry of the levying officer reciting that he levied on the property in possession of the defendant in fi. fa., makes out a prima facie case in favor of the plaintiff in fi. fa. Evidence of such an entry or other proof that the property was levied on in the possession of…